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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-19, 10-19.05, 10-20.56, 10-29, 10-30, 18-12, and 34-18.66 | ||||||
6 | and by adding Sections 10-31 and 34-18.82 as follows:
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7 | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
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8 | Sec. 10-19. Length of school term - experimental programs. | ||||||
9 | Each school
board shall annually prepare a calendar for the | ||||||
10 | school term, specifying
the opening and closing dates and | ||||||
11 | providing a minimum term of at least 185
days to insure 176 | ||||||
12 | days of actual pupil attendance, computable under Section | ||||||
13 | 10-19.05, except that for the 1980-1981 school year only 175 | ||||||
14 | days
of actual
pupil attendance shall be required because of | ||||||
15 | the closing of schools pursuant
to Section 24-2 on January 29, | ||||||
16 | 1981 upon the appointment by the President
of that day as a day | ||||||
17 | of thanksgiving for the freedom of the Americans who
had been | ||||||
18 | held hostage in Iran. Any days allowed by law for teachers' | ||||||
19 | institutes
but not used as such or used as parental institutes | ||||||
20 | as provided
in Section 10-22.18d shall increase the minimum | ||||||
21 | term by the school days not
so used. Except as provided in | ||||||
22 | Section 10-19.1, the board may not extend
the school term | ||||||
23 | beyond such closing date unless that extension of term is
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1 | necessary to provide the minimum number of computable days. In | ||||||
2 | case of
such necessary extension school employees
shall be | ||||||
3 | paid for such additional time on the basis of their regular
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4 | contracts. A school board may specify a closing date earlier | ||||||
5 | than that
set on the annual calendar when the schools of the | ||||||
6 | district have
provided the minimum number of computable days | ||||||
7 | under this Section.
Nothing in this Section prevents the board | ||||||
8 | from employing
superintendents of schools, principals and | ||||||
9 | other nonteaching personnel
for a period of 12 months, or in | ||||||
10 | the case of superintendents for a
period in accordance with | ||||||
11 | Section 10-23.8, or prevents the board from
employing other | ||||||
12 | personnel before or after the regular school term with
payment | ||||||
13 | of salary proportionate to that received for comparable work
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14 | during the school term. Remote learning days, blended remote | ||||||
15 | learning days, and up to 5 remote and blended remote learning | ||||||
16 | planning days established under Section 10-30 or 34-18.66 or | ||||||
17 | remote learning days established under Section 10-31 or | ||||||
18 | 34-18.82 shall be deemed pupil attendance days for calculation | ||||||
19 | of the length of a school term under this Section.
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20 | A school board may make such changes in its calendar for | ||||||
21 | the school term
as may be required by any changes in the legal | ||||||
22 | school holidays prescribed
in Section 24-2. A school board may | ||||||
23 | make changes in its calendar for the
school term as may be | ||||||
24 | necessary to reflect the utilization of teachers'
institute | ||||||
25 | days as parental institute days as provided in Section | ||||||
26 | 10-22.18d.
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1 | The calendar for the school term and any changes must be | ||||||
2 | submitted to and approved by the regional superintendent of | ||||||
3 | schools before the calendar or changes may take effect.
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4 | With the prior approval of the State Board of Education | ||||||
5 | and subject
to review by the State Board of Education every 3 | ||||||
6 | years, any school
board may, by resolution of its board and in | ||||||
7 | agreement with affected
exclusive collective bargaining | ||||||
8 | agents, establish experimental
educational programs, including | ||||||
9 | but not limited to programs for e-learning days as authorized | ||||||
10 | under Section 10-20.56 of this Code,
self-directed learning , | ||||||
11 | or outside of formal class periods, which programs
when so | ||||||
12 | approved shall be considered to comply with the requirements | ||||||
13 | of
this Section as respects numbers of days of actual pupil | ||||||
14 | attendance and
with the other requirements of this Act as | ||||||
15 | respects courses of instruction.
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16 | (Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19; | ||||||
17 | 101-643, eff. 6-18-20.)
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18 | (105 ILCS 5/10-19.05) | ||||||
19 | Sec. 10-19.05. Daily pupil attendance calculation. | ||||||
20 | (a) Except as otherwise provided in this Section, for a | ||||||
21 | pupil of legal school age and in kindergarten or any of grades | ||||||
22 | 1 through 12, a day of attendance shall be counted only for | ||||||
23 | sessions of not less than 5 clock hours of school work per day | ||||||
24 | under direct supervision of (i) teachers or (ii) non-teaching | ||||||
25 | personnel or volunteer personnel when engaging in non-teaching |
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1 | duties and supervising in those instances specified in | ||||||
2 | subsection (a) of Section 10-22.34 and paragraph 10 of Section | ||||||
3 | 34-18. Days of attendance by pupils through verified | ||||||
4 | participation in an e-learning program adopted by a school | ||||||
5 | board and verified by the regional office of education or | ||||||
6 | intermediate service center for the school district under | ||||||
7 | Section 10-20.56 of this Code, a remote and blended remote | ||||||
8 | learning day plan under Section 10-30 or 34-18.66 of this | ||||||
9 | Code, or a remote learning plan under Section 10-31 or | ||||||
10 | 34-18.82 of this Code shall be considered as full days of | ||||||
11 | attendance under this Section. | ||||||
12 | (b) A pupil regularly enrolled in a public school for only | ||||||
13 | a part of the school day may be counted on the basis of | ||||||
14 | one-sixth of a school day for every class hour of instruction | ||||||
15 | of 40 minutes or more attended pursuant to such enrollment, | ||||||
16 | unless a pupil is enrolled in a block-schedule format of 80 | ||||||
17 | minutes or more of instruction, in which case the pupil may be | ||||||
18 | counted on the basis of the proportion of minutes of school | ||||||
19 | work completed each day to the minimum number of minutes that | ||||||
20 | school work is required to be held that day. | ||||||
21 | (c) A session of 4 or more clock hours may be counted as a | ||||||
22 | day of attendance upon certification by the regional | ||||||
23 | superintendent of schools and approval by the State | ||||||
24 | Superintendent of Education to the extent that the district | ||||||
25 | has been forced to use daily multiple sessions. | ||||||
26 | (d) A session of 3 or more clock hours may be counted as a |
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1 | day of attendance (1) when the remainder of the school day or | ||||||
2 | at least 2 hours in the evening of that day is utilized for an | ||||||
3 | in-service training program for teachers, up to a maximum of | ||||||
4 | 10 days per school year, provided that a district conducts an | ||||||
5 | in-service training program for teachers in accordance with | ||||||
6 | Section 10-22.39 of this Code, or, in lieu of 4 such days, 2 | ||||||
7 | full days may be used, in which event each such day may be | ||||||
8 | counted as a day required for a legal school calendar pursuant | ||||||
9 | to Section 10-19 of this Code; (2) when, of the 5 days allowed | ||||||
10 | under item (1), a maximum of 4 days are used for parent-teacher | ||||||
11 | conferences, or, in lieu of 4 such days, 2 full days are used, | ||||||
12 | in which case each such day may be counted as a calendar day | ||||||
13 | required under Section 10-19 of this Code, provided that the | ||||||
14 | full-day, parent-teacher conference consists of (i) a minimum | ||||||
15 | of 5 clock hours of parent-teacher conferences, (ii) both a | ||||||
16 | minimum of 2 clock hours of parent-teacher conferences held in | ||||||
17 | the evening following a full day of student attendance and a | ||||||
18 | minimum of 3 clock hours of parent-teacher conferences held on | ||||||
19 | the day immediately following evening parent-teacher | ||||||
20 | conferences, or (iii) multiple parent-teacher conferences held | ||||||
21 | in the evenings following full days of student attendance in | ||||||
22 | which the time used for the parent-teacher conferences is | ||||||
23 | equivalent to a minimum of 5 clock hours; and (3) when days in | ||||||
24 | addition to those provided in items (1) and (2) are scheduled | ||||||
25 | by a school pursuant to its school improvement plan adopted | ||||||
26 | under Article 34 or its revised or amended school improvement |
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1 | plan adopted under Article 2, provided that (i) such sessions | ||||||
2 | of 3 or more clock hours are scheduled to occur at regular | ||||||
3 | intervals, (ii) the remainder of the school days in which such | ||||||
4 | sessions occur are utilized for in-service training programs | ||||||
5 | or other staff development activities for teachers, and (iii) | ||||||
6 | a sufficient number of minutes of school work under the direct | ||||||
7 | supervision of teachers are added to the school days between | ||||||
8 | such regularly scheduled sessions to accumulate not less than | ||||||
9 | the number of minutes by which such sessions of 3 or more clock | ||||||
10 | hours fall short of 5 clock hours. Days scheduled for | ||||||
11 | in-service training programs, staff development activities, or | ||||||
12 | parent-teacher conferences may be scheduled separately for | ||||||
13 | different grade levels and different attendance centers of the | ||||||
14 | district. | ||||||
15 | (e) A session of not less than one clock hour of teaching | ||||||
16 | hospitalized or homebound pupils on-site or by telephone to | ||||||
17 | the classroom may be counted as a half day of attendance; | ||||||
18 | however, these pupils must receive 4 or more clock hours of | ||||||
19 | instruction to be counted for a full day of attendance. | ||||||
20 | (f) A session of at least 4 clock hours may be counted as a | ||||||
21 | day of attendance for first grade pupils and pupils in | ||||||
22 | full-day kindergartens, and a session of 2 or more hours may be | ||||||
23 | counted as a half day of attendance by pupils in kindergartens | ||||||
24 | that provide only half days of attendance. | ||||||
25 | (g) For children with disabilities who are below the age | ||||||
26 | of 6 years and who cannot attend 2 or more clock hours because |
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1 | of their disability or immaturity, a session of not less than | ||||||
2 | one clock hour may be counted as a half day of attendance; | ||||||
3 | however, for such children whose educational needs require a | ||||||
4 | session of 4 or more clock hours, a session of at least 4 clock | ||||||
5 | hours may be counted as a full day of attendance. | ||||||
6 | (h) A recognized kindergarten that provides for only a | ||||||
7 | half day of attendance by each pupil shall not have more than | ||||||
8 | one half day of attendance counted in any one day. However, | ||||||
9 | kindergartens may count 2 and a half days of attendance in any | ||||||
10 | 5 consecutive school days. When a pupil attends such a | ||||||
11 | kindergarten for 2 half days on any one school day, the pupil | ||||||
12 | shall have the following day as a day absent from school, | ||||||
13 | unless the school district obtains permission in writing from | ||||||
14 | the State Superintendent of Education. Attendance at | ||||||
15 | kindergartens that provide for a full day of attendance by | ||||||
16 | each pupil shall be counted the same as attendance by first | ||||||
17 | grade pupils. Only the first year of attendance in one | ||||||
18 | kindergarten shall be counted, except in the case of children | ||||||
19 | who entered the kindergarten in their fifth year whose | ||||||
20 | educational development requires a second year of kindergarten | ||||||
21 | as determined under rules of the State Board of Education. | ||||||
22 | (i) On the days when the State's final accountability | ||||||
23 | assessment is administered under subsection (c) of Section | ||||||
24 | 2-3.64a-5 of this Code, the day of attendance for a pupil whose | ||||||
25 | school day must be shortened to accommodate required testing | ||||||
26 | procedures may be less than 5 clock hours and shall be counted |
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1 | toward the 176 days of actual pupil attendance required under | ||||||
2 | Section 10-19 of this Code, provided that a sufficient number | ||||||
3 | of minutes of school work in excess of 5 clock hours are first | ||||||
4 | completed on other school days to compensate for the loss of | ||||||
5 | school work on the examination days. | ||||||
6 | (j) Pupils enrolled in a remote educational program | ||||||
7 | established under Section 10-29 of this Code may be counted on | ||||||
8 | the basis of a one-fifth day of attendance for every clock hour | ||||||
9 | of instruction attended in the remote educational program, | ||||||
10 | provided that, in any month, the school district may not claim | ||||||
11 | for a student enrolled in a remote educational program more | ||||||
12 | days of attendance than the maximum number of days of | ||||||
13 | attendance the district can claim (i) for students enrolled in | ||||||
14 | a building holding year-round classes if the student is | ||||||
15 | classified as participating in the remote educational program | ||||||
16 | on a year-round schedule or (ii) for students enrolled in a | ||||||
17 | building not holding year-round classes if the student is not | ||||||
18 | classified as participating in the remote educational program | ||||||
19 | on a year-round schedule. | ||||||
20 | (j-5) The clock hour requirements of subsections (a) | ||||||
21 | through (j) of this Section do not apply if the Governor has | ||||||
22 | declared a disaster due to a public health emergency pursuant | ||||||
23 | to Section 7 of the Illinois Emergency Management Agency Act. | ||||||
24 | The State Superintendent of Education may establish minimum | ||||||
25 | clock hour requirements under Sections 10-30 and 34-18.66 if | ||||||
26 | the Governor has declared a disaster due to a public health |
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1 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
2 | Management Agency Act. | ||||||
3 | (k) Pupil participation in any of the following activities | ||||||
4 | shall be counted toward the calculation of clock hours of | ||||||
5 | school work per day: | ||||||
6 | (1) Instruction in a college course in which a student | ||||||
7 | is dually enrolled for both high school credit and college | ||||||
8 | credit. | ||||||
9 | (2) Participation in a Supervised Career Development | ||||||
10 | Experience, as defined in Section 10 of the Postsecondary | ||||||
11 | and Workforce Readiness Act, in which student | ||||||
12 | participation and learning outcomes are supervised by an | ||||||
13 | educator licensed under Article 21B. | ||||||
14 | (3) Participation in a youth apprenticeship, as | ||||||
15 | jointly defined in rules of the State Board of Education | ||||||
16 | and Department of Commerce and Economic Opportunity, in | ||||||
17 | which student participation and outcomes are supervised by | ||||||
18 | an educator licensed under Article 21B. | ||||||
19 | (4) Participation in a blended learning program | ||||||
20 | approved by the school district in which course content, | ||||||
21 | student evaluation, and instructional methods are | ||||||
22 | supervised by an educator licensed under Article 21B.
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23 | (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.) | ||||||
24 | (105 ILCS 5/10-20.56) | ||||||
25 | Sec. 10-20.56. E-learning days. |
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1 | (a) The State Board of Education shall establish and | ||||||
2 | maintain, for implementation in school districts, a program | ||||||
3 | for use of electronic-learning (e-learning) days, as described | ||||||
4 | in this
Section. School districts may utilize a program | ||||||
5 | approved under this Section for use during remote learning | ||||||
6 | days and blended remote learning days under Section 10-30 or | ||||||
7 | 34-18.66. | ||||||
8 | (b) The school board of a school district may, by | ||||||
9 | resolution, adopt a research-based program or
research-based | ||||||
10 | programs for e-learning days district-wide that shall permit | ||||||
11 | student instruction to be received electronically while | ||||||
12 | students are not physically present in lieu of the district's | ||||||
13 | scheduled emergency days as required by Section 10-19 of this | ||||||
14 | Code or because a school was selected to be a polling place | ||||||
15 | under Section 11-4.1 of the Election Code. The research-based | ||||||
16 | program or programs may not exceed the minimum number of | ||||||
17 | emergency days in the approved school calendar and must be | ||||||
18 | verified by the regional office of education or intermediate | ||||||
19 | service center for the school district on or before September | ||||||
20 | 1st annually to ensure access for all students. The regional | ||||||
21 | office of education or intermediate service center shall | ||||||
22 | ensure that the specific needs of all students are met, | ||||||
23 | including special education students and English learners, and | ||||||
24 | that all mandates are still met using the proposed | ||||||
25 | research-based program. The e-learning program may utilize the | ||||||
26 | Internet, telephones, texts, chat rooms, or other similar |
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1 | means of electronic communication for instruction and | ||||||
2 | interaction between teachers and students that meet the needs | ||||||
3 | of all
learners. The e-learning program shall address the | ||||||
4 | school district's responsibility to ensure that all teachers | ||||||
5 | and staff who may be involved in the provision of e-learning | ||||||
6 | have access to any and all hardware and software that may be | ||||||
7 | required for the program. If a proposed program does not | ||||||
8 | address this responsibility, the school district must propose | ||||||
9 | an alternate program. | ||||||
10 | (c) Before its adoption by a school board, the school | ||||||
11 | board must hold a public hearing on a school district's | ||||||
12 | initial proposal for an e-learning program or for renewal of | ||||||
13 | such a program, at a regular or special meeting of the school | ||||||
14 | board, in which the terms of the proposal must be | ||||||
15 | substantially presented and an opportunity for allowing public | ||||||
16 | comments must be provided. Notice of such public hearing must | ||||||
17 | be provided at least 10 days prior to the hearing by: | ||||||
18 | (1) publication in a newspaper of general circulation | ||||||
19 | in the school district; | ||||||
20 | (2) written or electronic notice designed to reach the | ||||||
21 | parents or guardians of all students enrolled in the | ||||||
22 | school district; and | ||||||
23 | (3) written or electronic notice designed to reach any | ||||||
24 | exclusive collective bargaining representatives of school | ||||||
25 | district employees and all those employees not in a | ||||||
26 | collective bargaining unit. |
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1 | (d) The regional office of education or intermediate | ||||||
2 | service center for the school district must timely verify that | ||||||
3 | a proposal for an e-learning program has met the requirements | ||||||
4 | specified in this Section and that the proposal contains | ||||||
5 | provisions designed to reasonably and practicably accomplish | ||||||
6 | the following: | ||||||
7 | (1) to ensure and verify at least 5 clock hours of | ||||||
8 | instruction or school work, as required under Section | ||||||
9 | 10-19.05, for each student participating in an e-learning | ||||||
10 | day; | ||||||
11 | (2) to ensure access from home or other appropriate | ||||||
12 | remote facility for all students participating, including | ||||||
13 | computers, the Internet, and other forms of electronic | ||||||
14 | communication that must be utilized in the proposed | ||||||
15 | program; | ||||||
16 | (2.5) to ensure that non-electronic materials are made | ||||||
17 | available to students participating in the program who do | ||||||
18 | not have access to the required technology or to | ||||||
19 | participating teachers or students who are prevented from | ||||||
20 | accessing the required technology; | ||||||
21 | (3) to ensure appropriate learning opportunities for | ||||||
22 | students with special needs; | ||||||
23 | (4) to monitor and verify each student's electronic | ||||||
24 | participation; | ||||||
25 | (5) to address the extent to which student | ||||||
26 | participation is within the student's control as to the |
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1 | time, pace, and means of learning; | ||||||
2 | (6) to provide effective notice to students and their | ||||||
3 | parents or guardians of the use of particular days for | ||||||
4 | e-learning; | ||||||
5 | (7) to provide staff and students with adequate | ||||||
6 | training for e-learning days' participation; | ||||||
7 | (8) to ensure an opportunity for any collective | ||||||
8 | bargaining negotiations with representatives of the school | ||||||
9 | district's employees that would be legally required, | ||||||
10 | including all classifications of school district employees | ||||||
11 | who are represented by collective bargaining agreements | ||||||
12 | and who would be affected in the event of an e-learning | ||||||
13 | day; | ||||||
14 | (9) to review and revise the program as implemented to | ||||||
15 | address difficulties confronted; and | ||||||
16 | (10) to ensure that the protocol regarding general | ||||||
17 | expectations and responsibilities of the program is | ||||||
18 | communicated to teachers, staff, and students at least 30 | ||||||
19 | days prior to utilizing an e-learning day. | ||||||
20 | The school board's approval of a school district's initial | ||||||
21 | e-learning program and renewal of the e-learning program shall | ||||||
22 | be for a term of 3 years. Any e-learning program adopted or | ||||||
23 | renewed before the effective date of this amendatory Act of | ||||||
24 | the 103rd General Assembly may continue until the expiration | ||||||
25 | of its term, at which time the school district shall implement | ||||||
26 | remote learning days under Section 10-31 or Section 34-18.82 |
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1 | of this Code rather than an e-learning program under this | ||||||
2 | Section. | ||||||
3 | (d-5) A school district shall pay to its contractors who | ||||||
4 | provide educational support services to the district, | ||||||
5 | including, but not limited to, custodial, transportation, or | ||||||
6 | food service providers, their daily, regular rate of pay or | ||||||
7 | billings rendered for any e-learning day that is used because | ||||||
8 | a school was selected to be a polling place under Section | ||||||
9 | 11-4.1 of the Election Code, except that this requirement does | ||||||
10 | not apply to contractors who are paid under contracts that are | ||||||
11 | entered into, amended, or renewed on or after March 15, 2022 or | ||||||
12 | to contracts that otherwise address compensation for such | ||||||
13 | e-learning days. | ||||||
14 | (d-10) A school district shall pay to its employees who | ||||||
15 | provide educational support services to the district, | ||||||
16 | including, but not limited to, custodial employees, building | ||||||
17 | maintenance employees, transportation employees, food service | ||||||
18 | providers, classroom assistants, or administrative staff, | ||||||
19 | their daily, regular rate of pay and benefits rendered for any | ||||||
20 | school closure or e-learning day if the closure precludes them | ||||||
21 | from performing their regularly scheduled duties and the | ||||||
22 | employee would have reported for work but for the closure, | ||||||
23 | except this requirement does not apply if the day is | ||||||
24 | rescheduled and the employee will be paid their daily, regular | ||||||
25 | rate of pay and benefits for the rescheduled day when services | ||||||
26 | are rendered. |
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1 | (d-15) A school district shall make full payment that | ||||||
2 | would have otherwise been paid to its contractors who provide | ||||||
3 | educational support services to the district, including, but | ||||||
4 | not limited to, custodial, building maintenance, | ||||||
5 | transportation, food service providers, classroom assistants, | ||||||
6 | or administrative staff, their daily, regular rate of pay and | ||||||
7 | benefits rendered for any school closure or e-learning day if | ||||||
8 | any closure precludes them from performing their regularly | ||||||
9 | scheduled duties and employees would have reported for work | ||||||
10 | but for the closure. The employees who provide the support | ||||||
11 | services covered by such contracts shall be paid their daily | ||||||
12 | bid package rates and benefits as defined by their local | ||||||
13 | operating agreements or collective bargaining agreements, | ||||||
14 | except this requirement does not apply if the day is | ||||||
15 | rescheduled and the employee will be paid their daily, regular | ||||||
16 | rate of pay and benefits for the rescheduled day when services | ||||||
17 | are rendered. | ||||||
18 | (d-20) A school district shall make full payment or | ||||||
19 | reimbursement to an employee or contractor as specified in | ||||||
20 | subsection (d-10) or (d-15) of this Section for any school | ||||||
21 | closure or e-learning day in the 2021-2022 school year that | ||||||
22 | occurred prior to the effective date of this amendatory Act of | ||||||
23 | the 102nd General Assembly if the employee or contractor did | ||||||
24 | not receive pay or was required to use earned paid time off, | ||||||
25 | except this requirement does not apply if the day is | ||||||
26 | rescheduled and the employee will be paid their daily, regular |
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1 | rate of pay and benefits for the rescheduled day when services | ||||||
2 | are rendered. | ||||||
3 | (e) The State Board of Education may adopt rules | ||||||
4 | consistent with the provision of this Section.
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5 | (f) For purposes of subsections (d-10), (d-15), and (d-20) | ||||||
6 | of this Section: | ||||||
7 | "Employee" means anyone employed by a school district on | ||||||
8 | or after the effective date of this amendatory Act of the 102nd | ||||||
9 | General Assembly. | ||||||
10 | "School district" includes charter schools established | ||||||
11 | under Article 27A of this Code, but does not include the | ||||||
12 | Department of Juvenile Justice School District. | ||||||
13 | (Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20; | ||||||
14 | 102-584, eff. 6-1-22; 102-697, eff. 4-5-22 .) | ||||||
15 | (105 ILCS 5/10-29) | ||||||
16 | Sec. 10-29. Remote educational programs. | ||||||
17 | (a) For purposes of this Section, "remote educational | ||||||
18 | program" means an educational program delivered to students in | ||||||
19 | the home or other location outside of a school building that | ||||||
20 | meets all of the following criteria: | ||||||
21 | (1) A student may participate in the program only | ||||||
22 | after the school district, pursuant to adopted school | ||||||
23 | board policy, and a person authorized to enroll the | ||||||
24 | student under Section 10-20.12b of this Code determine | ||||||
25 | that a remote educational program will best serve the |
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1 | student's individual learning needs. The adopted school | ||||||
2 | board policy shall include, but not be limited to, all of | ||||||
3 | the following: | ||||||
4 | (A) Criteria for determining that a remote | ||||||
5 | educational program will best serve a student's | ||||||
6 | individual learning needs. The criteria must include | ||||||
7 | consideration of, at a minimum, a student's prior | ||||||
8 | attendance, disciplinary record, and academic history. | ||||||
9 | (B) Any limitations on the number of students or | ||||||
10 | grade levels that may participate in a remote | ||||||
11 | educational program. | ||||||
12 | (C) A description of the process that the school | ||||||
13 | district will use to approve participation in the | ||||||
14 | remote educational program. The process must include | ||||||
15 | without limitation a requirement that, for any student | ||||||
16 | who qualifies to receive services pursuant to the | ||||||
17 | federal Individuals with Disabilities Education | ||||||
18 | Improvement Act of 2004, the student's participation | ||||||
19 | in a remote educational program receive prior approval | ||||||
20 | from the student's individualized education program | ||||||
21 | team. | ||||||
22 | (D) A description of the process the school | ||||||
23 | district will use to develop and approve a written | ||||||
24 | remote educational plan that meets the requirements of | ||||||
25 | subdivision (5) of this subsection (a). | ||||||
26 | (E) A description of the system the school |
| |||||||
| |||||||
1 | district will establish to determine student | ||||||
2 | participation in instruction in accordance with the | ||||||
3 | remote educational program. | ||||||
4 | (F) A description of the process for renewing a | ||||||
5 | remote educational program at the expiration of its | ||||||
6 | term. | ||||||
7 | (G) Such other terms and provisions as the school | ||||||
8 | district deems necessary to provide for the | ||||||
9 | establishment and delivery of a remote educational | ||||||
10 | program. | ||||||
11 | (2) The school district has determined that the remote | ||||||
12 | educational program's curriculum is aligned to State | ||||||
13 | learning standards and that the program offers instruction | ||||||
14 | and educational experiences consistent with those given to | ||||||
15 | students at the same grade level in the district. | ||||||
16 | (3) The remote educational program is delivered by | ||||||
17 | instructors that meet the following qualifications: | ||||||
18 | (A) they are licensed under Article 21B of this | ||||||
19 | Code; | ||||||
20 | (B) (blank); and | ||||||
21 | (C) they have responsibility for all of the | ||||||
22 | following elements of the program: planning | ||||||
23 | instruction, diagnosing learning needs, prescribing | ||||||
24 | content delivery through class activities, assessing | ||||||
25 | learning, reporting outcomes to administrators and | ||||||
26 | parents and guardians, and evaluating the effects of |
| |||||||
| |||||||
1 | instruction. | ||||||
2 | (4) During the period of time from and including the | ||||||
3 | opening date to the
closing date of the regular school | ||||||
4 | term of the school district established pursuant to | ||||||
5 | Section 10-19 of this Code, participation in a remote | ||||||
6 | educational program may be claimed for evidence-based | ||||||
7 | funding purposes under Section 18-8.15 of this Code on any | ||||||
8 | calendar day, notwithstanding whether the day is a day of | ||||||
9 | pupil attendance or institute day on the school district's | ||||||
10 | calendar or any other provision of law restricting | ||||||
11 | instruction on that day. If the district holds year-round | ||||||
12 | classes in some buildings, the district
shall classify | ||||||
13 | each student's participation in a remote educational | ||||||
14 | program as either on a year-round or a non-year-round | ||||||
15 | schedule for purposes of claiming evidence-based funding. | ||||||
16 | Outside of the regular school term of the district, the | ||||||
17 | remote educational program may be offered as part of any | ||||||
18 | summer school program authorized by this Code. | ||||||
19 | (5) Each student participating in a remote educational | ||||||
20 | program must have a written remote educational plan that | ||||||
21 | has been approved by the school district and a person | ||||||
22 | authorized to enroll the student under Section 10-20.12b | ||||||
23 | of this Code. The school district and a person authorized | ||||||
24 | to enroll the student under Section 10-20.12b of this Code | ||||||
25 | must approve any amendment to a remote educational plan. | ||||||
26 | The remote educational plan must include, but is not |
| |||||||
| |||||||
1 | limited to, all of the following: | ||||||
2 | (A) Specific achievement goals for the student | ||||||
3 | aligned to State learning standards. | ||||||
4 | (B) A description of all assessments that will be | ||||||
5 | used to measure student progress, which description | ||||||
6 | shall indicate the assessments that will be | ||||||
7 | administered at an attendance center within the school | ||||||
8 | district. | ||||||
9 | (C) A description of the progress reports that | ||||||
10 | will be provided to the school district and the person | ||||||
11 | or persons authorized to enroll the student under | ||||||
12 | Section 10-20.12b of this Code. | ||||||
13 | (D) Expectations, processes, and schedules for | ||||||
14 | interaction between a teacher and student. | ||||||
15 | (E) A description of the specific responsibilities | ||||||
16 | of the student's family and the school district with | ||||||
17 | respect to equipment, materials, phone and Internet | ||||||
18 | service, and any other requirements applicable to the | ||||||
19 | home or other location outside of a school building | ||||||
20 | necessary for the delivery of the remote educational | ||||||
21 | program. | ||||||
22 | (F) If applicable, a description of how the remote | ||||||
23 | educational program will be delivered in a manner | ||||||
24 | consistent with the student's individualized education | ||||||
25 | program required by Section 614(d) of the federal | ||||||
26 | Individuals with Disabilities Education Improvement |
| |||||||
| |||||||
1 | Act of 2004 or plan to ensure compliance with Section | ||||||
2 | 504 of the federal Rehabilitation Act of 1973. | ||||||
3 | (G) A description of the procedures and | ||||||
4 | opportunities for participation in academic and | ||||||
5 | extracurricular activities and programs within the | ||||||
6 | school district. | ||||||
7 | (H) The identification of a parent, guardian, or | ||||||
8 | other responsible adult who will provide direct | ||||||
9 | supervision of the program. The plan must include an | ||||||
10 | acknowledgment by the parent, guardian, or other | ||||||
11 | responsible adult that he or she may engage only in | ||||||
12 | non-teaching duties not requiring instructional | ||||||
13 | judgment or the evaluation of a student. The plan | ||||||
14 | shall designate the parent, guardian, or other | ||||||
15 | responsible adult as non-teaching personnel or | ||||||
16 | volunteer personnel under subsection (a) of Section | ||||||
17 | 10-22.34 of this Code. | ||||||
18 | (I) The identification of a school district | ||||||
19 | administrator who will oversee the remote educational | ||||||
20 | program on behalf of the school district and who may be | ||||||
21 | contacted by the student's parents with respect to any | ||||||
22 | issues or concerns with the program. | ||||||
23 | (J) The term of the student's participation in the | ||||||
24 | remote educational program, which may not extend for | ||||||
25 | longer than 12 months, unless the term is renewed by | ||||||
26 | the district in accordance with subdivision (7) of |
| |||||||
| |||||||
1 | this subsection (a). | ||||||
2 | (K) A description of the specific location or | ||||||
3 | locations in which the program will be delivered. If | ||||||
4 | the remote educational program is to be delivered to a | ||||||
5 | student in any location other than the student's home, | ||||||
6 | the plan must include a written determination by the | ||||||
7 | school district that the location will provide a | ||||||
8 | learning environment appropriate for the delivery of | ||||||
9 | the program. The location or locations in which the | ||||||
10 | program will be delivered shall be deemed a long | ||||||
11 | distance teaching reception area under subsection (a) | ||||||
12 | of Section 10-22.34 of this Code. | ||||||
13 | (L) Certification by the school district that the | ||||||
14 | plan meets all other requirements of this Section. | ||||||
15 | (6) Students participating in a remote educational | ||||||
16 | program must be enrolled in a school district attendance | ||||||
17 | center pursuant to the school district's enrollment policy | ||||||
18 | or policies. A student participating in a remote | ||||||
19 | educational program must be tested as part of all | ||||||
20 | assessments administered by the school district pursuant | ||||||
21 | to Section 2-3.64a-5 of this Code at the attendance center | ||||||
22 | in which the student is enrolled and in accordance with | ||||||
23 | the attendance center's assessment policies and schedule. | ||||||
24 | The student must be included within all accountability | ||||||
25 | determinations for the school district and attendance | ||||||
26 | center under State and federal law. |
| |||||||
| |||||||
1 | (7) The term of a student's participation in a remote | ||||||
2 | educational program may not extend for longer than 12 | ||||||
3 | months, unless the term is renewed by the school district. | ||||||
4 | The district may only renew a student's participation in a | ||||||
5 | remote educational program following an evaluation of the | ||||||
6 | student's progress in the program, a determination that | ||||||
7 | the student's continuation in the program will best serve | ||||||
8 | the student's individual learning needs, and an amendment | ||||||
9 | to the student's written remote educational plan | ||||||
10 | addressing any changes for the upcoming term of the | ||||||
11 | program. | ||||||
12 | For purposes of this Section, a remote educational program | ||||||
13 | does not include instruction delivered to students through an | ||||||
14 | e-learning program approved under Section 10-20.56 of this | ||||||
15 | Code, a remote and blended remote learning day plan under | ||||||
16 | Section 10-30 or 34-18.66 of this Code, or a remote learning | ||||||
17 | plan under Section 10-31 or 34-18.82 of this Code. | ||||||
18 | (b) A school district may, by resolution of its school | ||||||
19 | board, establish a remote educational program. | ||||||
20 | (c) (Blank). | ||||||
21 | (d) The impact of remote educational programs on wages, | ||||||
22 | hours, and terms and conditions of employment of educational | ||||||
23 | employees within the school district shall be subject to local | ||||||
24 | collective bargaining agreements. | ||||||
25 | (e) The use of a home or other location outside of a school | ||||||
26 | building for a remote educational program shall not cause the |
| |||||||
| |||||||
1 | home or other location to be deemed a public school facility. | ||||||
2 | (f) A remote educational program may be used, but is not | ||||||
3 | required, for instruction delivered to a student in the home | ||||||
4 | or other location outside of a school building that is not | ||||||
5 | claimed for evidence-based funding purposes under Section | ||||||
6 | 18-8.15 of this Code. | ||||||
7 | (g) School districts that, pursuant to this Section, adopt | ||||||
8 | a policy for a remote educational program must submit to the | ||||||
9 | State Board of Education a copy of the policy and any | ||||||
10 | amendments thereto, as well as data on student participation | ||||||
11 | in a format specified by the State Board of Education. The | ||||||
12 | State Board of Education may perform or contract with an | ||||||
13 | outside entity to perform an evaluation of remote educational | ||||||
14 | programs in this State. | ||||||
15 | (h) The State Board of Education may adopt any rules | ||||||
16 | necessary to ensure compliance by remote educational programs | ||||||
17 | with the requirements of this Section and other applicable | ||||||
18 | legal requirements.
| ||||||
19 | (Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.) | ||||||
20 | (105 ILCS 5/10-30) | ||||||
21 | Sec. 10-30. Remote and blended remote learning ; public | ||||||
22 | health emergency . This Section applies if the Governor has | ||||||
23 | declared a disaster due to a public health emergency pursuant | ||||||
24 | to Section 7 of the Illinois Emergency Management Agency Act. | ||||||
25 | (1) If the Governor has declared a disaster due to a |
| |||||||
| |||||||
1 | public health emergency pursuant to Section 7 of the | ||||||
2 | Illinois Emergency Management Agency Act, the State | ||||||
3 | Superintendent of Education may declare a requirement to | ||||||
4 | use remote learning days or blended remote learning days | ||||||
5 | for a school district, multiple school districts, a | ||||||
6 | region, or the entire State. During remote learning days, | ||||||
7 | schools shall conduct instruction remotely. During blended | ||||||
8 | remote learning days, schools may utilize hybrid models of | ||||||
9 | in-person and remote instruction. Once declared, remote | ||||||
10 | learning days or blended remote learning days shall be | ||||||
11 | implemented in grades pre-kindergarten through 12 as days | ||||||
12 | of attendance and shall be deemed pupil attendance days | ||||||
13 | for calculation of the length of a school term under | ||||||
14 | Section 10-19. | ||||||
15 | (2) For purposes of this Section, a remote learning | ||||||
16 | day or blended remote learning day may be met through a | ||||||
17 | district's implementation of an e-learning program under | ||||||
18 | Section 10-20.56 or a remote learning plan under Section | ||||||
19 | 10-31 . | ||||||
20 | (3) For any district that does not implement an | ||||||
21 | e-learning program under Section 10-20.56 or a remote | ||||||
22 | learning plan under Section 10-31 , the district shall | ||||||
23 | adopt a remote and blended remote learning day plan | ||||||
24 | approved by the district superintendent. Each district may | ||||||
25 | utilize remote and blended remote learning planning days, | ||||||
26 | consecutively or in separate increments, to develop, |
| |||||||
| |||||||
1 | review, or amend its remote and blended remote learning | ||||||
2 | day plan or provide professional development to staff | ||||||
3 | regarding remote education. Up to 5 remote and blended | ||||||
4 | remote learning planning days may be deemed pupil | ||||||
5 | attendance days for calculation of the length of a school | ||||||
6 | term under Section 10-19. | ||||||
7 | (4) Each remote and blended remote learning day plan | ||||||
8 | shall address the following: | ||||||
9 | (i) accessibility of the remote instruction to all | ||||||
10 | students enrolled in the district; | ||||||
11 | (ii) if applicable, a requirement that the remote | ||||||
12 | learning day and blended remote learning day | ||||||
13 | activities reflect State learning standards; | ||||||
14 | (iii) a means for students to confer with an | ||||||
15 | educator, as necessary; | ||||||
16 | (iv) the unique needs of students in special | ||||||
17 | populations, including, but not limited to, students | ||||||
18 | eligible for special education under Article 14, | ||||||
19 | students who are English learners as defined in | ||||||
20 | Section 14C-2, and students experiencing homelessness | ||||||
21 | under the Education for Homeless Children Act, or | ||||||
22 | vulnerable student populations; | ||||||
23 | (v) how the district will take attendance and | ||||||
24 | monitor and verify each student's remote | ||||||
25 | participation; and | ||||||
26 | (vi) transitions from remote learning to on-site |
| |||||||
| |||||||
1 | learning upon the State Superintendent's declaration | ||||||
2 | that remote learning days or blended remote learning | ||||||
3 | days are no longer deemed necessary. | ||||||
4 | (5) The district superintendent shall periodically | ||||||
5 | review and amend the district's remote and blended remote | ||||||
6 | learning day plan, as needed, to ensure the plan meets the | ||||||
7 | needs of all students. | ||||||
8 | (6) Each remote and blended remote learning day plan | ||||||
9 | shall be posted on the district's Internet website where | ||||||
10 | other policies, rules, and standards of conduct are posted | ||||||
11 | and shall be provided to students and faculty. | ||||||
12 | (7) This Section does not create any additional | ||||||
13 | employee bargaining rights and does not remove any | ||||||
14 | employee bargaining rights. | ||||||
15 | (8) Statutory and regulatory curricular mandates and | ||||||
16 | offerings may be administered via a district's remote and | ||||||
17 | blended remote learning day plan, except that a district | ||||||
18 | may not offer individual behind-the-wheel instruction | ||||||
19 | required by Section 27-24.2 via a district's remote and | ||||||
20 | blended remote learning day plan.
This Section does not | ||||||
21 | relieve schools and districts from completing all | ||||||
22 | statutory and regulatory curricular mandates and | ||||||
23 | offerings.
| ||||||
24 | (Source: P.A. 101-643, eff. 6-18-20.) | ||||||
25 | (105 ILCS 5/10-31 new) |
| |||||||
| |||||||
1 | Sec. 10-31. Remote learning. | ||||||
2 | (a) A school district may utilize a remote learning day | ||||||
3 | meeting the requirements of this Section in lieu of the | ||||||
4 | district's scheduled emergency days as required by Section | ||||||
5 | 10-19 of this Code or because a school was selected to be a | ||||||
6 | polling place under Section 11-4.1 of the Election Code. | ||||||
7 | However, in no case may a school district utilize more than 5 | ||||||
8 | remote learning days under this Section in a school year. A | ||||||
9 | remote learning day under this Section shall be deemed a pupil | ||||||
10 | attendance day for calculation of the length of the school | ||||||
11 | term under Section 10-19 of this Code. | ||||||
12 | (b) The district superintendent must approve a remote | ||||||
13 | learning plan for the district before the district may utilize | ||||||
14 | a remote learning day under this Section. The remote learning | ||||||
15 | plan must address all of the following: | ||||||
16 | (1) The accessibility of remote instruction, including | ||||||
17 | non-electronic materials, to all students enrolled in the | ||||||
18 | district. | ||||||
19 | (2) The requirement that remote learning day | ||||||
20 | activities reflect State learning standards, if | ||||||
21 | applicable. | ||||||
22 | (3) A means for a student to confer with an educator, | ||||||
23 | as necessary. | ||||||
24 | (4) The unique needs of a student in a special | ||||||
25 | population, including, but not limited to, a student | ||||||
26 | eligible for special education services under Article 14 |
| |||||||
| |||||||
1 | of this Code, a student who is an English learner, as | ||||||
2 | defined in Section 14C-2 of this Code, or a student who is | ||||||
3 | a homeless person, child, or youth, as defined in the | ||||||
4 | Education for Homeless Children Act, or other vulnerable | ||||||
5 | student population. | ||||||
6 | (5) How the district will take attendance and monitor | ||||||
7 | and verify each student's remote participation. | ||||||
8 | (6) An assurance of at least 5 clock hours of school | ||||||
9 | work, as required under Section 10-19.05 of this Code, for | ||||||
10 | each student participating in the remote learning day. | ||||||
11 | Before the district superintendent approves a remote | ||||||
12 | learning plan, the school board must hold a public hearing on | ||||||
13 | the district's initial proposal for a remote learning plan or | ||||||
14 | for renewal of a remote learning plan at a regular or special | ||||||
15 | meeting of the school board, at which meeting the terms of the | ||||||
16 | proposal or renewal must be substantially presented and an | ||||||
17 | opportunity for allowing public comments must be provided. | ||||||
18 | Approval of a remote learning plan by the district | ||||||
19 | superintendent shall be for an initial term of 3 years. Every 3 | ||||||
20 | years thereafter, the district superintendent shall review the | ||||||
21 | plan and make any necessary changes. During the 3-year term of | ||||||
22 | a remote learning plan, the district superintendent may | ||||||
23 | periodically review and amend the plan as needed to ensure | ||||||
24 | that the plan meets the needs of all students and faculty. | ||||||
25 | The remote learning plan must be posted on the district's | ||||||
26 | Internet website where other policies, rules, and standards of |
| |||||||
| |||||||
1 | conduct are posted and must be provided to students and | ||||||
2 | faculty. Any changes to the remote learning plan must be | ||||||
3 | posted on the district's Internet website. | ||||||
4 | (c) The district must provide effective notice to students | ||||||
5 | and their parents or guardians of the use of a particular day | ||||||
6 | as a remote learning day. | ||||||
7 | (d) The district must provide students and faculty with | ||||||
8 | adequate training on how to participate in a remote learning | ||||||
9 | day. | ||||||
10 | (e) The district shall ensure an opportunity for any | ||||||
11 | collective bargaining negotiations with representatives of the | ||||||
12 | district's employees that would be legally required, including | ||||||
13 | all classifications of district employees who are represented | ||||||
14 | by a collective bargaining agreement and who would be affected | ||||||
15 | in the event a remote learning day is used. | ||||||
16 | (f) Statutory and regulatory curricular mandates and | ||||||
17 | offerings may be administered via remote learning under the | ||||||
18 | remote learning plan. This Section does not relieve a school | ||||||
19 | or district from completing all statutory and regulatory | ||||||
20 | curricular mandates and offerings. | ||||||
21 | (g) A remote learning day may utilize the Internet, | ||||||
22 | telephones, texts, chat rooms, or other similar means of | ||||||
23 | electronic communication for instruction and interaction | ||||||
24 | between educators and students if such utilization meets the | ||||||
25 | needs of all learners. | ||||||
26 | (h) A school district shall pay its employees who provide |
| |||||||
| |||||||
1 | educational support services to the district, including, but | ||||||
2 | not limited to, custodial employees, building maintenance | ||||||
3 | employees, transportation employees, food service providers, | ||||||
4 | classroom assistants, and administrative staff, their daily, | ||||||
5 | regular rate of pay and benefits rendered for any school | ||||||
6 | closure, remote learning day, or e-learning day if the | ||||||
7 | closure, remote learning day, or e-learning day precludes them | ||||||
8 | from performing their regularly scheduled duties and they | ||||||
9 | would have reported for work but for the closure, remote | ||||||
10 | learning day, or e-learning day; however, this requirement | ||||||
11 | does not apply if the day is rescheduled and the employees will | ||||||
12 | be paid their daily, regular rate of pay and benefits for the | ||||||
13 | rescheduled day if services are rendered. | ||||||
14 | (i) A school district shall make full payment that would | ||||||
15 | have otherwise been paid to its contractors who provide | ||||||
16 | educational support services to the district, including, but | ||||||
17 | not limited to, custodial, building maintenance, | ||||||
18 | transportation, food service providers, classroom assistants, | ||||||
19 | or administrative staff, their daily, regular rate of pay and | ||||||
20 | benefits rendered for any school closure, remote learning day | ||||||
21 | or e-learning day if the closure precludes them from | ||||||
22 | performing their regularly scheduled duties and the employees | ||||||
23 | would have reported for work but for the closure, remote | ||||||
24 | learning day, or e-learning day, except this requirement does | ||||||
25 | not apply if the day is rescheduled and the employee will be | ||||||
26 | paid their daily, regular rate of pay and benefits for the |
| |||||||
| |||||||
1 | rescheduled day when services are rendered. | ||||||
2 | (j) The State Board of Education may adopt rules | ||||||
3 | consistent with the provisions of this Section that are | ||||||
4 | necessary to implement this Section.
| ||||||
5 | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| ||||||
6 | Sec. 18-12. Dates for filing State aid claims. The school | ||||||
7 | board of
each school district, a regional office of education, | ||||||
8 | a laboratory school, or a State-authorized charter school | ||||||
9 | shall require teachers, principals, or
superintendents to | ||||||
10 | furnish from records kept by them such data as it
needs in | ||||||
11 | preparing and certifying to the State Superintendent of | ||||||
12 | Education
its report of claims provided in Section
18-8.05 or | ||||||
13 | 18-8.15 of this Code. The claim
shall be based on the latest | ||||||
14 | available equalized assessed valuation and tax
rates, as | ||||||
15 | provided in Section 18-8.05 or 18-8.15, shall use the average
| ||||||
16 | daily
attendance as determined by the method outlined in | ||||||
17 | Section 18-8.05 or 18-8.15,
and shall be
certified and filed | ||||||
18 | with the State Superintendent of Education by June 21
for | ||||||
19 | districts and State-authorized charter schools with an
| ||||||
20 | official
school calendar end date before June 15 or within 2 | ||||||
21 | weeks following the
official school calendar end date for | ||||||
22 | districts, regional offices of education, laboratory schools, | ||||||
23 | or State-authorized charter schools with a school year end | ||||||
24 | date
of June 15 or later.
Failure to
so file by these deadlines | ||||||
25 | constitutes a forfeiture of the right
to
receive payment by
|
| |||||||
| |||||||
1 | the State until such claim is filed. The
State Superintendent | ||||||
2 | of Education shall voucher
for payment those claims to the | ||||||
3 | State Comptroller as provided in Section 18-11.
| ||||||
4 | Except as otherwise provided in this Section, if any | ||||||
5 | school district
fails to provide the minimum school term | ||||||
6 | specified
in Section 10-19, the State aid claim for that year | ||||||
7 | shall be reduced by the
State Superintendent of Education in | ||||||
8 | an amount equivalent to 1/176 or .56818% for
each day less than | ||||||
9 | the number of days required by this Code.
| ||||||
10 | If
the State Superintendent of Education determines that | ||||||
11 | the failure
to
provide the minimum school term was occasioned | ||||||
12 | by an act or acts of God, or
was occasioned by conditions | ||||||
13 | beyond the control of the school district
which posed a | ||||||
14 | hazardous threat to the health and safety of pupils, the
State | ||||||
15 | aid claim need not be reduced.
| ||||||
16 | If a school district is precluded from providing the | ||||||
17 | minimum hours of instruction required for a full day of | ||||||
18 | attendance due to (A) an adverse weather condition, (B) a | ||||||
19 | condition beyond the control of the school district that poses | ||||||
20 | a hazardous threat to the health and safety of students, or (C) | ||||||
21 | beginning with the 2016-2017 school year, the utilization of | ||||||
22 | the school district's facilities for not more than 2 school | ||||||
23 | days per school year by local or county authorities for the | ||||||
24 | purpose of holding a memorial or funeral services in | ||||||
25 | remembrance of a community member, then the partial day of | ||||||
26 | attendance may be counted if (i) the school district has |
| |||||||
| |||||||
1 | provided at least one hour of instruction prior to the closure | ||||||
2 | of the school district, (ii) a school building has provided at | ||||||
3 | least one hour of instruction prior to the closure of the | ||||||
4 | school building, or (iii) the normal start time of the school | ||||||
5 | district is delayed. | ||||||
6 | If, prior to providing any instruction, a school district | ||||||
7 | must close one or more but not all school buildings after | ||||||
8 | consultation with a local emergency response agency or due to | ||||||
9 | a condition beyond the control of the school district, then | ||||||
10 | the school district may claim attendance for up to 2 school | ||||||
11 | days based on the average attendance of the 3 school days | ||||||
12 | immediately preceding the closure of the affected school | ||||||
13 | building or, if approved by the State Board of Education, | ||||||
14 | utilize the provisions of an e-learning program under Section | ||||||
15 | 10-20.56 of this Code or a remote learning plan under Section | ||||||
16 | 10-31 or 34-18.82 of this Code for the affected school | ||||||
17 | building as prescribed in Section 10-20.56 of this Code . The | ||||||
18 | partial or no day of attendance described in this Section and | ||||||
19 | the reasons therefore shall be certified within a month of the | ||||||
20 | closing or delayed start by the school district superintendent | ||||||
21 | to the regional superintendent of schools for forwarding to | ||||||
22 | the State Superintendent of Education for approval.
| ||||||
23 | Other than the utilization of any e-learning days as | ||||||
24 | prescribed in Section 10-20.56 of this Code or remote learning | ||||||
25 | days as prescribed in Section 10-31 or 34-18.82 of this Code, | ||||||
26 | no exception to the requirement of providing a minimum school |
| |||||||
| |||||||
1 | term may
be approved by the State Superintendent of Education | ||||||
2 | pursuant to this Section
unless a school district has first | ||||||
3 | used all emergency days provided for
in its regular calendar.
| ||||||
4 | If the State Superintendent of Education declares that an | ||||||
5 | energy
shortage exists during any part of the school year for | ||||||
6 | the State or a
designated portion of the State, a district may | ||||||
7 | operate the school
attendance centers within the district 4 | ||||||
8 | days of the week during the
time of the shortage by extending | ||||||
9 | each existing school day by one clock
hour of school work, and | ||||||
10 | the State aid claim shall not be reduced, nor
shall the | ||||||
11 | employees of that district suffer any reduction in salary or
| ||||||
12 | benefits as a result thereof. A district may operate all | ||||||
13 | attendance
centers on this revised schedule, or may apply the | ||||||
14 | schedule to selected
attendance centers, taking into | ||||||
15 | consideration such factors as pupil
transportation schedules | ||||||
16 | and patterns and sources of energy for
individual attendance | ||||||
17 | centers.
| ||||||
18 | Electronically submitted State aid claims shall be | ||||||
19 | submitted by
duly authorized district individuals over a | ||||||
20 | secure network
that is password protected. The electronic | ||||||
21 | submission of a State aid
claim must be accompanied with an | ||||||
22 | affirmation that all of the provisions
of Section 18-8.05 or | ||||||
23 | 18-8.15 and Sections 10-22.5 and 24-4 of this Code are
met in | ||||||
24 | all respects.
| ||||||
25 | (Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16; | ||||||
26 | 100-28, eff. 8-4-17; 100-465, eff. 8-31-17; 100-863, eff. |
| |||||||
| |||||||
1 | 8-14-18.)
| ||||||
2 | (105 ILCS 5/34-18.66) | ||||||
3 | Sec. 34-18.66. Remote and blended remote learning ; public | ||||||
4 | health emergency . This Section applies if the Governor has | ||||||
5 | declared a disaster due to a public health emergency pursuant | ||||||
6 | to Section 7 of the Illinois Emergency Management Agency Act. | ||||||
7 | (1) If the Governor has declared a disaster due to a | ||||||
8 | public health emergency pursuant to Section 7 of the | ||||||
9 | Illinois Emergency Management Agency Act, the State | ||||||
10 | Superintendent of Education may declare a requirement to | ||||||
11 | use remote learning days or blended remote learning days | ||||||
12 | for the school district, multiple school districts, a | ||||||
13 | region, or the entire State. During remote learning days, | ||||||
14 | schools shall conduct instruction remotely. During blended | ||||||
15 | remote learning days, schools may utilize hybrid models of | ||||||
16 | in-person and remote instruction. Once declared, remote | ||||||
17 | learning days or blended remote learning days shall be | ||||||
18 | implemented in grades pre-kindergarten through 12 as days | ||||||
19 | of attendance and shall be deemed pupil attendance days | ||||||
20 | for calculation of the length of a school term under | ||||||
21 | Section 10-19. | ||||||
22 | (2) For purposes of this Section, a remote learning | ||||||
23 | day or blended remote learning day may be met through the | ||||||
24 | district's implementation of an e-learning program under | ||||||
25 | Section 10-20.56 or a remote learning plan under Section |
| |||||||
| |||||||
1 | 34-18.82 . | ||||||
2 | (3) If the district does not implement an e-learning | ||||||
3 | program under Section 10-20.56 or a remote learning plan | ||||||
4 | under Section 34-18.82 , the district shall adopt a remote | ||||||
5 | and blended remote learning day plan approved by the | ||||||
6 | general superintendent of schools. The district may | ||||||
7 | utilize remote and blended remote learning planning days, | ||||||
8 | consecutively or in separate increments, to develop, | ||||||
9 | review, or amend its remote and blended remote learning | ||||||
10 | day plan or provide professional development to staff | ||||||
11 | regarding remote education. Up to 5 remote and blended | ||||||
12 | remote learning planning days may be deemed pupil | ||||||
13 | attendance days for calculation of the length of a school | ||||||
14 | term under Section 10-19. | ||||||
15 | (4) Each remote and blended remote learning day plan | ||||||
16 | shall address the following: | ||||||
17 | (i) accessibility of the remote instruction to all | ||||||
18 | students enrolled in the district; | ||||||
19 | (ii) if applicable, a requirement that the remote | ||||||
20 | learning day and blended remote learning day | ||||||
21 | activities reflect State learning standards; | ||||||
22 | (iii) a means for students to confer with an | ||||||
23 | educator, as necessary; | ||||||
24 | (iv) the unique needs of students in special | ||||||
25 | populations, including, but not limited to, students | ||||||
26 | eligible for special education under Article 14, |
| |||||||
| |||||||
1 | students who are English learners as defined in | ||||||
2 | Section 14C-2, and students experiencing homelessness | ||||||
3 | under the Education for Homeless Children Act, or | ||||||
4 | vulnerable student populations; | ||||||
5 | (v) how the district will take attendance and | ||||||
6 | monitor and verify each student's remote | ||||||
7 | participation; and | ||||||
8 | (vi) transitions from remote learning to on-site | ||||||
9 | learning upon the State Superintendent's declaration | ||||||
10 | that remote learning days or blended remote learning | ||||||
11 | days are no longer deemed necessary. | ||||||
12 | (5) The general superintendent of schools shall | ||||||
13 | periodically review and amend the district's remote and | ||||||
14 | blended remote learning day plan, as needed, to ensure the | ||||||
15 | plan meets the needs of all students. | ||||||
16 | (6) Each remote and blended remote learning day plan | ||||||
17 | shall be posted on the district's Internet website where | ||||||
18 | other policies, rules, and standards of conduct are posted | ||||||
19 | and shall be provided to students and faculty. | ||||||
20 | (7) This Section does not create any additional | ||||||
21 | employee bargaining rights and does not remove any | ||||||
22 | employee bargaining rights. | ||||||
23 | (8) Statutory and regulatory curricular mandates and | ||||||
24 | offerings may be administered via the district's remote | ||||||
25 | and blended remote learning day plan, except that the | ||||||
26 | district may not offer individual behind-the-wheel |
| |||||||
| |||||||
1 | instruction required by Section 27-24.2 via the district's | ||||||
2 | remote and blended remote learning day plan.
This Section | ||||||
3 | does not relieve schools and the district from completing | ||||||
4 | all statutory and regulatory curricular mandates and | ||||||
5 | offerings.
| ||||||
6 | (Source: P.A. 101-643, eff. 6-18-20.) | ||||||
7 | (105 ILCS 5/34-18.82 new) | ||||||
8 | Sec. 34-18.82. Remote learning. | ||||||
9 | (a) The school district may utilize a remote learning day | ||||||
10 | meeting the requirements of this Section in lieu of the | ||||||
11 | district's scheduled emergency days as required by Section | ||||||
12 | 10-19 of this Code or because a school was selected to be a | ||||||
13 | polling place under Section 11-4.1 of the Election Code. | ||||||
14 | However, in no case may the district utilize more than 5 remote | ||||||
15 | learning days under this Section in a school year. A remote | ||||||
16 | learning day under this Section shall be deemed a pupil | ||||||
17 | attendance day for calculation of the length of the school | ||||||
18 | term under Section 10-19 of this Code. | ||||||
19 | (b) The general superintendent of schools must approve a | ||||||
20 | remote learning plan for the district before the district may | ||||||
21 | utilize a remote learning day under this Section. The remote | ||||||
22 | learning plan must address all of the following: | ||||||
23 | (1) The accessibility of remote instruction, including | ||||||
24 | non-electronic materials, to all students enrolled in the | ||||||
25 | district. |
| |||||||
| |||||||
1 | (2) The requirement that remote learning day | ||||||
2 | activities reflect State learning standards, if | ||||||
3 | applicable. | ||||||
4 | (3) A means for a student to confer with an educator, | ||||||
5 | as necessary. | ||||||
6 | (4) The unique needs of a student in a special | ||||||
7 | population, including, but not limited to, a student | ||||||
8 | eligible for special education services under Article 14 | ||||||
9 | of this Code, a student who is an English learner, as | ||||||
10 | defined in Section 14C-2 of this Code, or a student who is | ||||||
11 | a homeless person, child, or youth, as defined in the | ||||||
12 | Education for Homeless Children Act, or other vulnerable | ||||||
13 | student population. | ||||||
14 | (5) How the district will take attendance and monitor | ||||||
15 | and verify each student's remote participation. | ||||||
16 | (6) An assurance of at least 5 clock hours of school | ||||||
17 | work, as required under Section 10-19.05 of this Code, for | ||||||
18 | each student participating in the remote learning day. | ||||||
19 | Before the general superintendent approves a remote | ||||||
20 | learning plan, the school board must hold a public hearing on | ||||||
21 | the district's initial proposal for a remote learning plan or | ||||||
22 | for renewal of a remote learning plan at a regular or special | ||||||
23 | meeting of the school board, at which meeting the terms of the | ||||||
24 | proposal or renewal must be substantially presented and an | ||||||
25 | opportunity for allowing public comments must be provided. | ||||||
26 | Approval of a remote learning plan by the general |
| |||||||
| |||||||
1 | superintendent of schools shall be for an initial term of 3 | ||||||
2 | years. Every 3 years thereafter, the general superintendent of | ||||||
3 | schools shall review the plan and make any necessary changes. | ||||||
4 | During the 3-year term of a remote learning plan, the general | ||||||
5 | superintendent of schools may periodically review and amend | ||||||
6 | the plan as needed to ensure that the plan meets the needs of | ||||||
7 | all students and faculty. | ||||||
8 | The remote learning plan must be posted on the district's | ||||||
9 | Internet website where other policies, rules, and standards of | ||||||
10 | conduct are posted and must be provided to students and | ||||||
11 | faculty. Any changes to the remote learning plan must be | ||||||
12 | posted on the district's Internet website. | ||||||
13 | (c) The district must provide effective notice to students | ||||||
14 | and their parents or guardians of the use of a particular day | ||||||
15 | as a remote learning day. | ||||||
16 | (d) The district must provide students and faculty with | ||||||
17 | adequate training on how to participate in a remote learning | ||||||
18 | day. | ||||||
19 | (e) The district shall ensure an opportunity for any | ||||||
20 | collective bargaining negotiations with representatives of the | ||||||
21 | district's employees that would be legally required, including | ||||||
22 | all classifications of district employees who are represented | ||||||
23 | by a collective bargaining agreement and who would be affected | ||||||
24 | in the event a remote learning day is used. | ||||||
25 | (f) Statutory and regulatory curricular mandates and | ||||||
26 | offerings may be administered via remote learning under the |
| |||||||
| |||||||
1 | remote learning plan. This Section does not relieve a school | ||||||
2 | or the district from completing all statutory and regulatory | ||||||
3 | curricular mandates and offerings. | ||||||
4 | (g) A remote learning day may utilize the Internet, | ||||||
5 | telephones, texts, chat rooms, or other similar means of | ||||||
6 | electronic communication for instruction and interaction | ||||||
7 | between educators and students if such utilization meets the | ||||||
8 | needs of all learners. | ||||||
9 | (h) The district shall pay its employees who provide | ||||||
10 | educational support services to the district, including, but | ||||||
11 | not limited to, custodial employees, building maintenance | ||||||
12 | employees, transportation employees, food service providers, | ||||||
13 | classroom assistants, and administrative staff, their daily, | ||||||
14 | regular rate of pay and benefits rendered for any school | ||||||
15 | closure, remote learning day, or e-learning day if the | ||||||
16 | closure, remote learning day, or e-learning day precludes them | ||||||
17 | from performing their regularly scheduled duties and they | ||||||
18 | would have reported for work but for the closure, remote | ||||||
19 | learning day, or e-learning day; however, this requirement | ||||||
20 | does not apply if the day is rescheduled and the employees will | ||||||
21 | be paid their daily, regular rate of pay and benefits for the | ||||||
22 | rescheduled day if services are rendered. | ||||||
23 | (i) A school district shall make full payment that would | ||||||
24 | have otherwise been paid to its contractors who provide | ||||||
25 | educational support services to the district, including, but | ||||||
26 | not limited to, custodial, building maintenance, |
| |||||||
| |||||||
1 | transportation, food service providers, classroom assistants, | ||||||
2 | or administrative staff, their daily, regular rate of pay and | ||||||
3 | benefits rendered for any school closure, remote learning day | ||||||
4 | or e-learning day if the closure precludes them from | ||||||
5 | performing their regularly scheduled duties and the employees | ||||||
6 | would have reported for work but for the closure, remote | ||||||
7 | learning day, or e-learning day, except this requirement does | ||||||
8 | not apply if the day is rescheduled and the employee will be | ||||||
9 | paid their daily, regular rate of pay and benefits for the | ||||||
10 | rescheduled day when services are rendered. | ||||||
11 | (j) The State Board of Education may adopt rules | ||||||
12 | consistent with the provisions of this Section that are | ||||||
13 | necessary to implement this Section.
| ||||||
14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
15 | 2023.
|